• Car accident - hit by other vehicle on rear right side but there is bodily injury to the other party

Recently, I was involved in a car accident. My car was hit by a two wheeler from behind at the rear right side near the tail light on western express highway, Mumbai after a fly over. I joined the highway from a parallel road to the fly over.

There is bodily injury to the pillion rider of the two wheeler, the scooty driver is fine. I insisted the injured person be taken to the hospital, I was there the whole time but police has taken an FIR against me and applied section 279 & 338 of IPC and they didn't take my statement. Later on in police station after explaining the scene to the other police officer, they gave me a notice 41A CRPC to take my statement. I have given my statement.I have a valid insurance and license and I was not intoxicated. 

The Investigating Officer is all against me, he is saying I have done rash and negligent driving, the only thing he is saying is i was driving in a Zig Zag manner. He has already decided I have done rash driving.
My vehicle is in police custody since one week, they are saying they are waiting for RTO inspection report then they will release my vehicle.

What should be my next action?

I want to know all the Standard OP of police and court.

How many time I have to go to court?
Asked 4 years ago in Civil Law

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11 Answers

section 279 IPC deals with rash and negligent driving punishable with imprisonment upto 6 months or fine up to Rs 1000 or both

2) it is also punishable under section 336 , 337, 338 of IPC which provide that if person drives rashly endangering life or personal liberty of others . under section 338 IPC punishable with imprisonment of up to 2 years or with fine or both

3) It has to be proved in case of accident that the accident was the result of rash and negligent driving. Thus the prosecution has to be prove that the person who committed the accident was driving rashly and negligently

4) The car owner can be liable if the car was not in roadworthy condition.He should have proper documents including insurance cover

5)the insurance company takes liability if car is insured .It is for the insurer to proceed against the insured for recovery of the amount in the event there has been violation of any condition of the insurance policy

6) you should contest case on merits

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Firslty, Sir, let me tell you that Police is not the authority to decide as to who has done something wrong or not, it is for the Judiciary to decide.

Secondly, and sir the offences which have been charged on you are bailable offences where you can’t be sent to jail unless proven guilty by judge.

Thirdly, it is for the cross examination stage where your lawyer can take you out from it.

Fourthly, yes it is right that it may take long time so you would also have to be there number of times.

Fifthly, if they do not release the car in few days then you may have to file an application before the mazistrate of that concerned police station.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Please engage a criminal lawyer immediately so that release of vehicle may be proceeded.You should have engage the lawyer before giving statement to the Police but it is better not to delay more.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Sir the trial of the case shall be before the magistrate where you can plead not guilty and the trial shall commence further if the other party is ready get offences compounded in the court.

The police has charged you for rash and negligent driving so the onus is on them to prove and provide evidence for the same. SO that can be argued and contested based on the matter of record.

Further file an application before the magistrate court to release the vehicle.

A number of times before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Police has no power hold vehicle for long time. File application in court for conditional release of car, now by court order only vehicle will release - shall be order by court on same day or next day.

Your vehicle is hit from back, is there any eye witness or CCTV , than your innocence shall be proved.

Police must have prepared sight report.

This is small issue shall be resolved and not much court appearance.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This is my response to you:

1. The case will depend on that pillion rider;

2. If he desires to pursue the matter then he can initiate civil, criminal and MAT proceedings against you;

3. Your submissions should be that the pillion rider was not wearing the helmet;

4. The rider of the bike hit you from behind, therefore the biker was responsible;

5. Take photographs of the rear right side;

6. The blood test of yours show you were not intoxicated;

7. You were driving carefully and the biker has done damage to you;

8. File an FIR against the driver of the bike for negligent driving and ask the police to pursue him;

9. Play pressure tactics so that they come forward and settle the matter;

10. Although it is difficult to find a CCTV footage but try to search for the same, if this incident happened near the signal.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear,

Appoint good local lawyer and file application in court for release your vehicle.

Police has no right to hold your vehicle so long.

with court order you can release your vehicle easily.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Hello,

You will have to wait until the RTO inspection is done.

You will have to go the court until the trial is over, i.e., for a year or so.

Also, you may file a petition for getting the FIR quashed in the HC, or otherwise you will get some favorable order from the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the accident occurred due to negligent behavior and causes or is likely to cause any hurt or injury or endanger the life of another, the police lodges an F.I.R against offenses provided under Section 279 and 338 of the IPC. The Motor Vehicle Act, 1988 under Section 190(1) provides punishment of Rs. 250 for first offence and imprisonment of three months or fine up to Rs. 1000 for the 2nd offence in case accident causes any bodily injury or damage to property by a defective motor vehicle.

After filing of the F.I.R by the police, the vehicle is sent to the RTO for inspection who prepares the accident report. The police make a charge-sheet and present a case against the driver. The process by which the vehicle can be obtained after the case is registered

In case of an accident when the police seize the property for the purpose of investigation or an inquiry and file a case, the owner or any other person authorized by him can file an application to get back his property during the proceedings under Section 451 of CrPC.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Persuade the IO to file a closure report.

At max you are going to be fined, but it is quite an ordeal to be present in the Court when the matter is listed.

Rest be assured, there's nothing to be troubled in this case.

Hire a local advocate/

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You may wait for the RTO inspection and then retrieve the vehicle.

You may obtain AB and then challenge the case in the court.

It may take quite a long time for disposal of the case in the trial court.

In general the police do register the cases against the bigger vehicles only.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

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